Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-08-30
: LEGISLATIVE AND JUDICIAL POWERS INDIE


1t does not appear to us that it is contemplated
by the Act that the Court in the investigation
provided for, when called upon to aid the Com
mission, shall inquire beyond the point whether
the question asked is within the scope of the
bread field of inquiry prescribed. And SO the
Commissioners claim, and they have conducted
their investigation on that theory for, they in
siS that they are not bound by any rules of
evidence, or other principles of law, observed
by Courts of justice, and by which the latter are
guided and controlled in the ascertainment of
facts in the course of ordinary judicial proceed
ings. If this be the correct view the Court is
expected to compel an answer irrespective of
any other considerations. Even questions
eliminating the witness are to be answered, the
only protection to the party being that his
answers shall not be used against kim in
criminal prosecution-a protection of but little
avail 10 any party who should disclose. criminal
acts upon which an indictment might be found
and, should indicate upon compusion other
sources of evidence, by means of which the acts
disclosed can be proved And such acts NAV
also constitute offenses under the laws of the
State against which Congress can offer no i'm
munity. The Court is, therefore, called upon to
to any question which the Commission sees fit
to ask within the scope of the INQUIRY ATTEMPTED
70 be authorized by the Act If this be So the
Court is SIMPLY made an instrument by this Act
in the hanGs of the Comms ssion to execute its
GnEeglllsted and unrestricted will The Court
is made;thesrninisterial agent of the Commission
to perform its behests .SFheneyer wit
ness refuses TO respond 70 a question or
produce papers within the range of
the authority attempted to be given by the
statute. TheJudieial Department of the Coz
eminent is Simply made,by tbi5 Act an adjunct
to the Legislative Department an the exercise Of
its political and Legislative funstions aud DOW
ers 10 execute itsfommands: as,g that, too, in
mstter fat0 which Congress. undlr the decision
cited. has no jurisdiction whatever to INQUIRE |
know..of TO power in Congress o. thns render
the JUDICIAL Department suhords nate or encil-
larry TO the Legislative and ExecI i've Depart
mepts OF the Government, OF to eft.ler of them
If there is &ny one proposition ina;uutably es-
taplished. 5,ai supposed it to he that the Judi
eiary Department is absolutely independent of
the other departments Of the Goverurlent-that
1t cannot be called upon 10 act paxt subordi-
nate TO any other department. or To Commits
sion armed with exasperating inquisitoii al pow
ers over private affairs unlimited by kly CON
sdera:ions otherthan its own unregulated dis
cretion. And SC understand the authorities to
be g The functions of the Judges of the Courts
of the United STAGES are strictly and excusy ely
Judicial. They cannot, Therefore, be called |
upon to advise the Pres. dent in any InterpSsta-
ion of law or to acL as Commissioners in csses |
q pensions or other ike proceedings" e Sto. |
en-, sec. wv and cases cited.)
1he Court in this instance 3g called upor |
90 10 exercise its Ordinary powers in the ad- |
-stration of justice but 10 assist Congress in
he.eNercre OF Its deliherative, Legislative and /
political powerS-to aid il by irregular and er-
trilorl mary, not to say unprecedented means |
in the pursuit of infoTmstion To act as its |
agent az matters wholly foreign to the functions
Of the Judiciary.
In my Judgment, therefore. reason end tho
cited establish beyond reasonable |
grounds foc controversy the proposition that |
here Is no lawful authority in The Comm issiorl-
rs 20 compel answers to the various questions !
EoIounded ana set out in their petition, or any
!; them which she respondent refused to an, |
Srs-. Nor can the Courts be lawfully required |
D ceenpel answers thereto
/ eealeur in the osder made discharsiDg the
3der y show cause.